NEW INDIA ASSURANCE COMPANY LTD Vs. K YADAIAH

JUDGEMENT

(1.) This appeal is filed against the order-dated 22-6-2004 in W.C.No.158 of 2003, on the file of Commissioner for Workmen's Compensation and Assistant Commissioner of Labour-Ill, at Hyderabad.

(2.) The only question that arises for consideration in this appeal is whether the evidence of the doctor to the effect that the disability of the injured is to the extent of 60% and whether the Court is right in estimating the disability at 100% having regard to the facts and circumstances of the case?

(3.) Undisputed facts are that the claimant was working as a driver of the vehicle, which met with an accident and on account of which, the driver suffered certain injuries. Ex.A2 is the original Discharge Summary of Osmania General Hospital and Ex.A3 is the original Disability Certificate. The injuries suffered by the driver were certified by a qualified Orthopaedic Surgeon, who examined as AW2, and he estimated the disability at 60% and opined that there is limping and shortening of left lower limb and the injured cannot bend forward and cannot drive the vehicle as usually as he used to drive and the disability is permanent in nature. It is further opined by the doctor that the injured was advised against driving any vehicle. However, the Court below arrived at a conclusion that the disability was 100%.